This is bizarre on many levels and, quite frankly, one reason I rarely visit this site.

1. I was in the restaurant business for eighteen years. Over that time I estimate I threw away thousands of gallons of spirits, beer, and wine that was ordered but not fully consumed by patrons. The circumstance is not unusual or uncommon and would not raise any sort of suspicion on its face.

2. I am an attorney. Since you apparently have some familiarity with legal terminology, allow me to add one element you left out. It is a crime to drink and DRIVE with a BAC of .08 or above. Further, BAC is highly variable and depends on such factors as a person's gender, age, weight, body mass, food in stomach, etc, etc, etc and your over-generalization that someone would "most likely" blow was hilarious. There is no such stricture in most states regarding having a BAC in any other circumstances (although I suppose you could stumble your way into a PI charge if two drinks really hit you that hard). If this is such a dangerous undertaking for you, perhaps you should take the bus, a cab, or walk to these shops. Or not do them at all.

3. I was going to school you on topics like Independent Contractor status, Assumption of the Risk defenses, the impracticality of attempting to recoup some sort of partial payment but it's not worth the loss of electrons. I will save that task for others on here.

I do thank you for your misguided yet entertaining post. I find that a number of comments on here, like these, are best enjoyed over a few cold beers.





Twoeyeballs1 Wrote:
-------------------------------------------------------
> I think Market Force and I are parting ways
> although I hope this issue can be resolved. I
> look forward to serving Market Force again. The
> Help Desk does not allow me to help them. As you
> read you will notice the issue is much more than
> helping Market Force. There are potential innocent
> victims that may be affected by Market Force.
>

You really need to visit more often

I tried one more time when I got home and the photos uploaded immediately. I was able to submit the report. I still haven't heard from the Help Desk, but at least the assignment is done and submitted.

beatlesfan1964 Wrote:
-------------------------------------------------------
> I am a big fan of the Blue Portal. I have not
> treaded on the purple side for many reasons
> outlined in this forum.

Me, too. I love the blue portal, but the last time I did anything for purple, was over 3 years ago - when it was Certified.

LisaSTL Wrote:
-------------------------------------------------------
> You really need to visit more often


He also needs to share some cold beers with the rest of us.

There's a shop with another MSC where 2 people have to go to the bar, order one round together, then each orders a drink separately. Then you order appetizers. So, 2 alcoholic beverages in 2 hours. Oh, and they have to be mixed drinks.

The location is about a 10-minute drive - or about a 5-mile walk - from any city or business, so no public transportation and a cab would be expensive. I asked if my SO could go with me and be a DD, nope, both of us have to order alcohol. I argued about the dangers of two drinks and driving, and the scheduler told me most shoppers order water as well, drink the water, and dump the drink into the water glass (I guess you'd have to order vodka or gin?). Or they "casually" walk over to a plant and dump it. Oh, sure, like no one will notice you dumping a drink into another glass or into a plant.

The shop pays really well, and I'd love to take it, but I can't risk the drinking and driving - or getting caught, lol!

My very first job I did (just last month) was a purple MF job. It was setting the tags in the jeans/pants area of the apparel section of one of the Walmart stores in the area. I took it because it offered a $100 bonus for the 1st hour. Within minutes of accepting the job, I got a phone call asking me to do a second one at the same store. $50 bonus for the 1st hour. I took my wife with me and we made the drive, 50 miles away. It took us 2 hours for the 1st job, 1 for the 2nd. I submitted my paperwork and photos. I receive the 1st pay in about 2 weeks and the 2nd in 2 more weeks. They keep calling me and want me to go back there for $8.00 an hour. I told them they have to do at least a $50 bonus. They won't do it, but they keep calling me anyway. At least I got paid for it.

I did two McD's shops for the blue side in the past 2 days. I've gotten paid for the ones I did last month right away. I've had no problems with them.

niteowl, first there is no need to finish the second drink. As busy guy stated, it is not unusual for bartenders and/or servers to dump drinks that were barely touched.

Second, two drinks in two hours is perfectly acceptable unless you and your SO process alcohol at a significantly lower rate than the normal person. Regardless, I would not go on a completely empty stomach and you will be eating while you are having the cocktails.

Third, a bottle of beer, glass of wine and ounce and a half of liquor all contain the same amount of alcohol. It is a common misconception that "hard liquor" will get someone drunker or do it faster.

asdca Wrote:
-------------------------------------------------------
> I've been trying to upload a receipt and a photo
> for a shop report for almost 2 hours. I sent an
> email to the Help Desk, but as the images need to
> be attached to the report, it won't let me submit
> the otherwise finished report. To cover myself, I
> also faxed the images in, but without a submitted
> report, I'm concerned the whole thing is going to
> get rejected. Any advice? Or should I be OK
> because I contacted the Help Desk and sent in my
> fax?

Holy crap, this is one all-over-the place thread.

But that long rambling post about ordering two drinks? Hilarious.

There's no requirement to drink what you order. While sitting at the bar, I have taken a sip of a drink and carried it with me to the bathroom where I dumped almost all. I could do the same with the second drink. I've also moved to the dining room leaving an almost-full drink - or, if it's a bar-only shop, gotten a phone call and had to leave with an almost full drink there. Order what you are required to order. Drink what you want. Nobody cares. The object here is not that you guzzle every drop of all the drinks you order. The object of the shop is to order, pay, observe, and taste.

jentodd Wrote:
-------------------------------------------------------
> (I've never seen
> it that the shop has been paid more than the rate
> initially agreed upon). >
> Sending the best,
>
> Jen

I did a shop a couple days ago on deadline, and they called for a bonus on it. I said I wasn't headed that way, and it would $15 just for gas. The scheduler said they would like to see me make some money on it, and the CPI reflected that change

There have been things I haven't liked about MarketForce, and I will probably be deactivated some day, but the CPI and payment have always matched, and I average $100-125 a month with them for years...

I have so far NEVER had a problem when offered a bonus shop with the purple. However, I do ask that they E Mail me their bonus quote for my records. Also had a shop end before I could get my report in. The form was not available anymore but because I had notified them regarding the managers desire to see me at a latter date and they never said anything, after a lenghty discussion & fax to the manager at MF I did get re-imbursed. But I wonder why it was so difficult when all the help desk would say, after several cvalls to differing people who told me differing things,I couldn't see it because their customer decided to end the project.

I have so far NEVER had a problem when offered a bonus shop with the purple. However, I do ask that they E Mail me their bonus quote for my records. Also had a shop end before I could get my report in. The form was not available anymore but because I had notified them regarding the managers desire to see me at a latter date and they never said anything, after a lenghty discussion & fax. But I wonder why it was so difficult when all the help desk would say, after several calls to differing people who told me differing things,I couldn't see it because their customer decided to end the project. This was a statement made with no offer to pay me for my work. The next however, day the manager was kind enough to return my call and agreed to payment when he read my Fax.

Woo hoo, this is what I found for my state.

Missouri has no state public intoxication law. Missouri's permissive alcohol laws both protect people from suffering any criminal penalty (including arrest) for the mere act of being drunk in public, and prohibit local jurisdictions from enacting criminal public intoxication laws on their own.

I don't believe that MarketForce ever instructed you to drive to or from the location.

I don't understand your claim about drinking at the bar, and then your table. Are you saying that it is illegal to have one tab at the bar and a different at the table? Also, there is no federal law that I know of which regulates alcohol sales within restaurants. I believe this is regulated at the state level, no?

I have had a drink many times at the bar while waiting for my table. Sometimes I cash out at the bar and have a separate bill at my table. Sometimes my tab starts at the bar and ends when I pay after dinner.

Edited 2 time(s). Last edit at 09/23/2012 12:36AM by SteveLA.

Not all Western Union shops are scams. Use your intelligence to figure it out. If you get a phone call from Western Union and you think it's real, then you're a fool.

There is one Sassie company that does Western Union shops. You have to impersonate someone, without ID, trying to wire money to someone in Mexico whom you are trying to get across the border. No transaction required, only a storefront photo and an associate's name.

LisaSTL Wrote:
-------------------------------------------------------
> 1. Western Union "shops" are in fact scams
>

Edit: I don't know how this post ended up in this thread. I was posting it in a different thread. Strange.

Edited 2 time(s). Last edit at 09/23/2012 12:51AM by SteveLA.

Maybe the computer had one too many drinks, and shouldn't be driving.

Twoeyeballs1-------> I did not feel like quoting your post.

But most MSCs and client will DEACTIVATE the shopper who gets so zooded that thay "want" to drive drunk or have to call a cab to get home if they find themselves drinking too much ETOH.

Whatever your theory is, you do not have to drink the entire drink either at the bar or table. You are getting paid (shop) to basically observing the bartender and his habits. I would think if you got "drunk", why would the MSC or client believe anything you reported. Plus I also believe that MKF and the resturant knows the LAW better than you do, unless your other job is with The Drug, ETOH and tobacco department.

LisaSTL Wrote:
-------------------------------------------------------
> I agree that purchasing and consuming are entirely
> different and the assertions regarding BAC and
> individual metabolisms are right on target. There
> are simple ways to prevent any questions at the
> bar. Carry your drink to the restroom and dump it
> down the sink. Order a clear liquor and a separate
> glass of water, drink the water and pour the
> liquor into the water glass. The bartender is not
> going to be sniffing your water glass before
> pouring it out. The same tricks can be used at the
> table or order a glass of wine and drink about
> half.

I do a lot of hotel shops which requires two rounds of drinks at a bar and then again at dinner. Some hotel shops have more than one bar that I needed to visit. I don't drink at all. I sip at the drink, pretend to take a call and walk out of the bar with the drink in my hand and conveniently dump 1/2 or more out in the bushes, restroom... I have also dump it in my guest's 1/4 full coffee cup.

cubbiecat Wrote:
-------------------------------------------------------
...........in my guest's 1/4 full coffee cup.



Is this like half filled or half empty

Hey sojo, I thought I was excited when Jacob added the emoticons, but you are just tickled pink, aren't you, lol!

LisaSTL Wrote:
-------------------------------------------------------
> Hey sojo, I thought I was excited when Jacob added
> the emoticons, but you are just tickled pink,
> aren't you, lol!

Still lwaiting for the dancing bananas




ooops we have strayed from the topic.

juliel Wrote:
-------------------------------------------------------
> You could drink the first one and leave the second
> one on the table as you leave. I don't see why
> this is such a big deal. The human body
> metabolizes about one drink per hour. If you are
> at dinner for an hour you might well burn off all
> the alcohol in the first drink. BAC depends
> greatly on the size and body composition of the
> drinker. An 80 pound female might be over 0.08 on
> one drink. A 300 pound football player would
> probably have negligible effects from two.
>
> The assignment, from what I can sort out from your
> somewhat rambling post, requires only the
> purchase, not the consumption. Big difference
> between them *requiring* you to drink it and it
> being possible that you could drink it. By your
> rationale, even because they send you somewhere
> that serves alcohol they could be liable because
> they can't prevent you from doing 10 tequila shots
> and getting drunk.
>
> Seems to me the answer is clear - don't drink all
> of the drinks. If you don't feel comfortable
> raising those questions with a manager (I have
> ordered drinks I didn't finish all the time and am
> seldom asked about it), don't do the shop.
>
> I would not expect any restaurant
> > would allow a shopper to consume more than one
> > Alcoholic beverage per table.
>
> Per table or per person?
>
> > In Law a party cannot be contracted to buy a
> drink
> > at the bar and another at the table as it would
>
> > cause the shopper to violate the law in 50
> states
> > and the District of Columbia as the shopper most
>
> > likely would blow a 0.08 blood alcohol level
> when
> > tested.
>
> Are you an attorney? I am. Your post has that
> tinge of someone who thinks they have come up with
> some clever way to justify their point. It is not
> in ANY WAY illegal to have a 0.08 BAC. It is only
> illegal to then DRIVE. BAC depends on what you
> order. It is absolutely not strictly true that two
> drinks in a dinner would result in drunk driving.
> "Most likely" is not the same as "illegal."
>
> Most shops that limit your drinks I suspect do so
> because they question the ability of the shopper
> to recall events accurately while drinking
> alcohol.


I can tell you are an attorney. You offer an opinion without knowing the facts. As a Paralegal I supported attorneys, gave them the facts and saved their bacon on thousands of issues so they would not ASS -U- ME'

I am not an attorney, but I have many years experience as a law enforcement officer, first responder that has seen people injured or die in alcohol related accidents. I also supported attorneys as a paralegal as they prepared their cases. You can ASS-U-ME to know the facts, but you must understand the issues before commenting.

You and I know better than to drink to excess of the 0.08 BAC. Responsible mystery shopping companies and their legal staff invalidates the contract and PROMINENTLY makes it known that it is NOT the intention of the MSP to violate the 0.08 BAC laws that every state adopted. Not only are they concerned that the shopper would not have the capability to observe and report they also want to distance themselves from liability should the shopper violate the contract. In my humble opinion requiring the shopper to purchase two drinks invites liability. The “reasonable man” would consume the two drinks as the guidelines do not suggest the shopper sip the drinks and discard them.

In reality the shopper in this establishment would not have the ability to sip and walk away from the drink. The bartender gave my drink to a server who brought it to my table on a previous visit when the bartender saw my table was ready and I left my drink behind. Another bartender asked if there was something wrong and could they fix it on a previous visit.

The manager has to become involved if a drink is poured without payment. So we go to the table. We sip and leave that drink. The server and the manager will become involved, again because the server cannot give a free drink to replace a drink that is not satisfactory. The shopper must reveal they are the mystery shopper if they do not consume both drinks. The situation can not be likened to a Mc Donalds where you by a burger, leave the counter and can dispose of the burger after tasting as managers do not follow up to see if you are satisfied.

True, “It is not in ANY WAY illegal to have a 0.08 BAC. It is only illegal to then DRIVE. But you are in a parking lot and you are walking to your vehicle. You offer theory but in reality, the laws were written to prevent abuse. In this state you can not enter the vehicle and fall asleep in the BACKSEAT as you would be charged with a violation if the officer woke you up and you blew a 0.08 BAC. In this state the intent to drive with a 0.08 BAC is actionable.

Many years ago when I was in law enforcement I performed sobriety checks. The towns and counties know where the motorists originate. In the town where this establishment is there are two other establishments that offer food and drink in the same parking lot. One officer can easily observe patrons as they leave all three establishments. On the evening in question a police officer was sitting in his vehicle in close proximity to establishments watching for people to walk or stumble to their vehicles.

If the officers observes a person drop or fumble for their keys or have trouble opening the lock it gives cause to stop the person and have them blow a sample. If the person enters their vehicle but sits without driving away within a reasonable time it is sufficient cause to require that person to blow a sample.

It is better to prevent the patron from operating or attempting to operate a motor vehicle before they injure or kill themselves or others. If the person blows the 0.08 before they reach and enter their vehicle they are detained and are charged a lesser charge to give them time to dry out and be aware how fortunate they were that they did not enter their vehicle.

Again, am I correct in stating that you, as an attorney, will seek the deep pockets of the establishments that served the drinks should an alcoholic related incident occur that injures your client? If you found the motorist was working and contracted to drink to excess, would you include that company in your action?

If you examined the contract and saw the Mystery shopping company specifically state that a shopper must not ORDER more than one alcoholic beverage and if the shopper violated this requirement the contract would be invalidated, would you attempt to include that mystery shopping company in your action?

Hmmm. So, are Twoeyeballs1and Piled Hip Deep, PHD the same person? What about promysteryshopper66?


Piled Hip Deep, PHD Wrote:
-------------------------------------------------------
> juliel Wrote:
> --------------------------------------------------
> -----
> > You could drink the first one and leave the
> second
> > one on the table as you leave. I don't see why
> > this is such a big deal. The human body
> > metabolizes about one drink per hour. If you
> are
> > at dinner for an hour you might well burn off
> all
> > the alcohol in the first drink. BAC depends
> > greatly on the size and body composition of the
> > drinker. An 80 pound female might be over 0.08
> on
> > one drink. A 300 pound football player would
> > probably have negligible effects from two.
> >
> > The assignment, from what I can sort out from
> your
> > somewhat rambling post, requires only the
> > purchase, not the consumption. Big difference
> > between them *requiring* you to drink it and it
> > being possible that you could drink it. By your
> > rationale, even because they send you somewhere
> > that serves alcohol they could be liable
> because
> > they can't prevent you from doing 10 tequila
> shots
> > and getting drunk.
> >
> > Seems to me the answer is clear - don't drink
> all
> > of the drinks. If you don't feel comfortable
> > raising those questions with a manager (I have
> > ordered drinks I didn't finish all the time and
> am
> > seldom asked about it), don't do the shop.
> >
> > I would not expect any restaurant
> > > would allow a shopper to consume more than one
>
> > > Alcoholic beverage per table.
> >
> > Per table or per person?
> >
> > > In Law a party cannot be contracted to buy a
> > drink
> > > at the bar and another at the table as it
> would
> >
> > > cause the shopper to violate the law in 50
> > states
> > > and the District of Columbia as the shopper
> most
> >
> > > likely would blow a 0.08 blood alcohol level
> > when
> > > tested.
> >
> > Are you an attorney? I am. Your post has that
> > tinge of someone who thinks they have come up
> with
> > some clever way to justify their point. It is
> not
> > in ANY WAY illegal to have a 0.08 BAC. It is
> only
> > illegal to then DRIVE. BAC depends on what you
> > order. It is absolutely not strictly true that
> two
> > drinks in a dinner would result in drunk
> driving.
> > "Most likely" is not the same as "illegal."
> >
> > Most shops that limit your drinks I suspect do
> so
> > because they question the ability of the
> shopper
> > to recall events accurately while drinking
> > alcohol.
>
>
> I can tell you are an attorney. You offer an
> opinion without knowing the facts. As a Paralegal
> I supported attorneys, gave them the facts and
> saved their bacon on thousands of issues so they
> would not ASS -U- ME'
>
> I am not an attorney, but I have many years
> experience as a law enforcement officer, first
> responder that has seen people injured or die in
> alcohol related accidents. I also supported
> attorneys as a paralegal as they prepared their
> cases. You can ASS-U-ME to know the facts, but you
> must understand the issues before commenting.
>
> You and I know better than to drink to excess of
> the 0.08 BAC. Responsible mystery shopping
> companies and their legal staff invalidates the
> contract and PROMINENTLY makes it known that it is
> NOT the intention of the MSP to violate the 0.08
> BAC laws that every state adopted. Not only are
> they concerned that the shopper would not have the
> capability to observe and report they also want to
> distance themselves from liability should the
> shopper violate the contract. In my humble opinion
> requiring the shopper to purchase two drinks
> invites liability. The “reasonable man” would
> consume the two drinks as the guidelines do not
> suggest the shopper sip the drinks and discard
> them.
>
> In reality the shopper in this establishment would
> not have the ability to sip and walk away from the
> drink. The bartender gave my drink to a server
> who brought it to my table on a previous visit
> when the bartender saw my table was ready and I
> left my drink behind. Another bartender asked if
> there was something wrong and could they fix it on
> a previous visit.
>
> The manager has to become involved if a drink is
> poured without payment. So we go to the table. We
> sip and leave that drink. The server and the
> manager will become involved, again because the
> server cannot give a free drink to replace a drink
> that is not satisfactory. The shopper must reveal
> they are the mystery shopper if they do not
> consume both drinks. The situation can not be
> likened to a Mc Donalds where you by a burger,
> leave the counter and can dispose of the burger
> after tasting as managers do not follow up to see
> if you are satisfied.
>
> True, “It is not in ANY WAY illegal to have a
> 0.08 BAC. It is only illegal to then DRIVE. But
> you are in a parking lot and you are walking to
> your vehicle. You offer theory but in reality, the
> laws were written to prevent abuse. In this state
> you can not enter the vehicle and fall asleep in
> the BACKSEAT as you would be charged with a
> violation if the officer woke you up and you blew
> a 0.08 BAC. In this state the intent to drive with
> a 0.08 BAC is actionable.
>
> Many years ago when I was in law enforcement I
> performed sobriety checks. The towns and counties
> know where the motorists originate. In the town
> where this establishment is there are two other
> establishments that offer food and drink in the
> same parking lot. One officer can easily observe
> patrons as they leave all three establishments. On
> the evening in question a police officer was
> sitting in his vehicle in close proximity to
> establishments watching for people to walk or
> stumble to their vehicles.
>
> If the officers observes a person drop or fumble
> for their keys or have trouble opening the lock it
> gives cause to stop the person and have them blow
> a sample. If the person enters their vehicle but
> sits without driving away within a reasonable time
> it is sufficient cause to require that person to
> blow a sample.
>
> It is better to prevent the patron from operating
> or attempting to operate a motor vehicle before
> they injure or kill themselves or others. If the
> person blows the 0.08 before they reach and enter
> their vehicle they are detained and are charged a
> lesser charge to give them time to dry out and be
> aware how fortunate they were that they did not
> enter their vehicle.
>
> Again, am I correct in stating that you, as an
> attorney, will seek the deep pockets of the
> establishments that served the drinks should an
> alcoholic related incident occur that injures your
> client? If you found the motorist was working and
> contracted to drink to excess, would you include
> that company in your action?
>
> If you examined the contract and saw the Mystery
> shopping company specifically state that a shopper
> must not ORDER more than one alcoholic beverage
> and if the shopper violated this requirement the
> contract would be invalidated, would you attempt
> to include that mystery shopping company in your
> action?

LisaSTL Wrote:
-------------------------------------------------------
> You really need to visit more often


"Who was that masked man?"

Hey Buzz, I had that figured out after the second post under the new nom de plume. The name changed, but the pretentiousness remained the same.

Why don't we have a rule against multiple usernames? I can understand someone having two usernames if one is strictly for posts as a company representative and another is stricktly for posts as a shopper. Recently, more than one poster has made it very clear that they are using multiple names. Tiresome.

There is no reason for someone to use multiple names. Naturally I could be wrong about this poster, but if it walks like a duck and quacks like a duck...................................

PHD wrote: ". . . If the person enters their vehicle but sits without driving away within a reasonable time it is sufficient cause to require that person to blow a sample. . ."

Hey! I'm not inebriated! I'm just a mystery shopper filling out my report!